Sonoma County California - I'm currently buying a property:
1. Our property comes with an easement
to share water rights with a neighbor
for a monthly fee.
The agreement appears to spell out that these neighbors CANNOT use this water for 1.) "commercial agriculture" nor 2.) "sell or export it" beyond their own property use., and 3.) pumping is not to exceed 10 gpm.
A.) Should the well or equipment fail, we are responsible for total costs of repair and/or drilling a new well. A potentially large liability. However, we are able to collect $53/mo for electricity/maintenance
1.) Easement states their water pumping "not to exceed 10 gpm". This is still potentially an enormous quantity of water should they run it 24/7. (Normal household uses 300-500 g/day... which would be only 50 minutes at 10 gpm.)
Given the forementioned restrictions should I try to amendment the easement before purchase to protect us from the neighbors and/or their heirs from taking large quantities as much as 10 gpm 24/7?
I was tempted to suggest putting a meter on their water line and proposing a very generous "cap" of say, "1000 gallons per day". After which we would charge a standard municipal rate.
They're is no current "incentive" for them to change any of this wording, other than good faith agreement with new neighbors (and we're all trying to start out with a better understanding of the situation.)